Extradition Act, 1965 (Part II) (No. 21) Order, 1986.

S.I. No. 220/1986 - Extradition Act, 1965 (Part II) (No. 21) Order, 1986. S.I. No. 220 of 1986. EXTRADITION ACT, 1965 (PART II) (No. 21) ORDER, 1986. WHEREAS by the European Convention on Extradition (the terms of which are set out in paragraph 1 of Part I in the Schedule hereto) done at Paris on the 13th day of December, 1957 (and hereinafter referred to as "the Paris Convention"), an arrangement was made with the other countries who are parties to the Paris Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 2 of the Paris Convention; AND WHEREAS the Paris Convention was ratified on behalf of Ireland on the 2nd day of May, 1966; AND WHEREAS by the Convention for the Suppression of Unlawful Seizure of Aircraft (the terms of which are set out in Part II of the said Schedule) done at The Hague on the 16th day of December, 1970 (and hereinafter referred to as "the Hague Convention"), an arrangement was made with the other countries who are parties to the Hague Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 of the Hague Convention; AND WHEREAS the Hague Convention was acceded to on behalf of Ireland on the 24th day of November, 1975; AND WHEREAS the Montreal Convention was acceded to on behalf of Ireland on the 12th day of October, 1976; AND WHEREAS the Paris Convention, the Hague Convention and the Montreal Convention have each been acceded to or ratified on behalf of France, subject in the case of the Paris Convention to the reservations and declarations the terms of which are set out in paragraph 2 of the said Part I, and it is intended, accordingly, to apply Part II of the said Act in relation to that country; NOW, the Government, in exercise of the powers conferred on them by section 8 of the Extradition Act, 1965 (No. 17 of 1965), hereby orders as follows:— 1. (1) This Order may be cited as the Extradition Act, 1965 (Part II) (No. 21) Order, 1986. (2) This Order and the Extradition Act, 1965 (Part II) Orders, 1966 to 1984, may be cited together as the Extradition Act, 1965 (Part II) Orders, 1966 to 1986. (3) This Order shall come into operation on the 22nd day of May, 1986. 2. Part II of the Extradition Act, 1965 (No. 17 of 1965), shall apply in relation to France. 3. The Extradition Act, 1965 (Part II) (No. 9) Order, 1975 ( S.I. No. 334 of 1975 ), and the Extradition Act, 1965 (Part II) (No. 10) Order, 1976 ( S.I. No. 251 of 1976 ), shall be construed and have effect as if in each of their First Schedules "France," were deleted. Part I 1. The European Convention on Extradition The Governments signatory hereto, being Members of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its Members; Considering that this purpose can be attained by the conclusion of agreements and by common action in legal matters; Considering that the acceptance of uniform rules with regard to extradition is likely to assist this work of unification, Have agreed as follows:— ARTICLE 1 Obligation to Extradite The Contracting Parties undertake to surrender to each other, subject to the provisions and conditions laid down in this Convention, all persons against whom the competent authorities of the requesting Party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence or detention order. ARTICLE 2 Extraditable Offences 1. Extradition shall be granted in respect of offences punishable under the laws of the requesting Party and of the requested Party by deprivation of liberty or under detention order for a maximum period of at least one year or by a more severe penalty. Where a conviction and prison sentence have occurred on a detention order has been made in the territory of the requesting Party, the punishment awarded must have been for a period of at least four months. 2. If the request for extradition includes several separate offences each of which is punishable under the laws of the requesting Party and the requested Party by deprivation of liberty or under a detention order, but of which some do not fulfil the conditions with regard to the amount of punishment which may be awarded, the requested Party shall also have the right to grant extradition for the latter offences. 3. Any Contracting Party whose law does not allow extradition for certain of the offences referred to in paragraph 1 of this Article may, in so far as it is concerned, exclude such offences from the application of this Convention. 4. Any Contracting Party which wishes to avail itself of the right provided for in paragraph 3 of this Article shall, at the time of the deposit of its instrument of ratification or accession, transmit to the Secretary-General of the Council of Europe either a list of the offences for which extradition is allowed or a list of those for which it is excluded and shall at the same time indicate the legal provisions which allow or exclude extradition. The Secretary-General of the Council shall forward these lists to the other signatories. 5. If extradition is subsequently excluded in respect of other offences by the law of a Contracting Party, that Party shall notify the Secretary-General. The Secretary-General shall inform the other signatories. Such notification shall not take effect until three months from the date of its receipt by the Secretary-General. 6. Any Party which avails itself of the right provided for in paragraphs 4 or 5 of this Article may at any time apply this Convention to offences which have been excluded from it. It shall inform the Secretary-General of the Council of such changes, and the Secretary-General shall inform the other signatories. 7. Any Party may apply reciprocity in respect of any offences excluded from the application of the Convention under this Article. ARTICLE 3 Political Offences 1. Extradition shall not be granted if the offence in respect of which it is requested is regarded by the requested Party as a political offence or as an offence connected with a political offence. 2. The same rule shall apply if the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons. 3. The taking or attempted taking of the life of a Head of State or a member of his family shall not be deemed to be a political offence for the purposes of this Convention. 4. This Article shall not affect any obligations which the Contracting Parties may have undertaken or may undertake under any other international convention of a multilateral character. ARTICLE 4 Military Offences Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Convention. ARTICLE 5 Fiscal Offences Extradition shall be granted, in accordance with the provisions of this Convention, for offences in connection with taxes, duties, customs and exchange only if the Contracting Parties have so decided in respect of any such offence or category of offences. ARTICLE 6 Extradition of Nationals 1. ( ) A Contracting Party shall have the right to refuse extradition of its nationals. ) Each Contracting Party may, by a declaration made at the time of signature or of deposit of its instrument of ratification or accession, define as far as it is concerned the term "nationals" within the meaning of this Convention. ) Nationality shall be determined as at the time of the decision concerning extradition. If, however, the person claimed is first recognised as a national of the requested Party during the period between the time of the decision and the time contemplated for the surrender, the requested Party may avail itself of the provision contained in sub-paragraph ( ) of this Article. 2. If the requested Party does not extradite its national, it shall at the request of the requesting Party submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. For this purpose, the files, information and exhibits relating to the offence shall be transmitted with our charge by the means provided for in Article 12, paragraph 1. The requesting Party shall be informed of the result of its request. ARTICLE 7 Place of Commission 1. The requested Party may refuse to extradite a person claimed for an offence which is regarded by its law as having been committed in whole or in part in its territory or in a place treated as its territory. 2. When the offence for which extradition is requested has been committed outside the territory of the requesting Party, extradition may only be refused if the law of the requested Party does not allow prosecution for the same category of offence when committed outside the latter Party's territory or does not allow extradition for the offence concerned. ARTICLE 8 Pending Proceedings for the same Offences The requested Party may refuse to extradite the person claimed if the competent authorities of such Party are proceeding against him in respect of the offence or offences for which extradition is requested. ARTICLE 9* Non bis in idem Extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided either not to institute or the terminate proceedings in respect of the same offence or offences. *The following reservation was entered at time of ratification of the Convention on behalf of the Irish Government:— The Irish authorities will not grant extradition if final judgment in respect of the offence for which extradition is requested has been passed in a third State on the person claimed. ARTICLE 10 Lapse of Time Extradition shall not be granted when the person claimed has, according to the law of either the requesting or the requested party become immune by reason of lapse of time from prosecution or punishment. ARTICLE 11 Capital Punishment If the offence for which extradition is requested is punishable by death under the law of the requesting Party and if in respect of such offence the death penalty is not provided for by the law of the requested Party or is not normally carried out, extradition may be refused unless the requesting Party gives such assurance as the requested Party considers sufficient that the death penalty will not be carried out. ARTICLE 12 The Request and Supporting Documents. 1. The request shall be in writing and shall be communicated through the diplomatic channel. Other means of communication may be arranged by direct agreement between two or more Parties. 2. The request shall be supported by: ) the original or an authenticated copy of the conviction and sentence or detention order immediately enforceable or of the warrant if arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting Party; ) a statement of the offences for which extradition is requested. The time and place of their commission, their legal descriptions and a reference to the relevant legal provisions shall be set out as accurately as possible; and ) a copy of the relevant enactments or, where this is not possible, a statement of the relevant law and as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality. ARTICLE 13 Supplementary Information If the information communicated by the requesting Party is found to be insufficient to allow the requested Party to make a decision in pursuance of this Convention, the latter Party shall request the necessary supplementary information and may fix a time-limit for the receipt thereof. ARTICLE 14 Rule of Speciality 1. A person who has been extradited shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited, nor shall he be for any other reason restricted in his personal freedom, except in the following cases:— ) When the Party which surrendered him consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 12 and a legal record of any statement made by the extradited person in respect of the offence concerned. Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provisions of this Convention; ) When that person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it. 2. The requesting Party may, however, take any measures necessary to remove the person from its territory, or any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time. 3. When the description of the offence charged is altered in the course of proceedings, the extradited person shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition. ARTICLE 15 Re-extradition to a Third State Except as provided for in Article 14, paragraph 1 ( ) the requesting Party shall not, without the consent of the requested Party, surrender to another Party or to a third State a person surrendered to the requested Party and sought by the said other Party or third State in respect of offences committed before his surrender. The requested Party may request the production of the documents mentioned in Article 12, paragraph 2. ARTICLE 16 Provisional Arrest 1. In case of urgency the competent authorities of the requesting Party may request the provisional arrest of the person sought. The competent authorities of the requested Party shall decide the matter in accordance with its law. 2. The request for provisional arrest shall state that one of the documents mentioned in Article 12, paragraph 2 ( ), exists and that it is intended to send a request for extradition. It shall also state for what offence extradition will be requested and when and where such offence was committed and shall so far as possible give a description of the person sought. 3. A request for provisional arrest shall be sent to the competent authorities of the requested Party either through the diplomatic channel or direct by post or telegraph or through the International Criminal Police Organisation (Interpol) or by any other means affording evidence in writing or accepted by the requested Party. The requesting authority shall be informed without delay of the result of its request. 4. Provisional arrest may be terminated if, within a period of 18 days after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article 12. It shall not, in any event, exceed 40 days from the date of such arrest. The possibility of provisional release at any time is not excluded, but the requested Party shall take any measures which it considers necessary to prevent the escape of the person sought. 5. Release shall not prejudice re-arrest and extradition if a request for extradition is received subsequently. ARTICLE 17 Conflicting Requests If extradition is requested concurrently by more than one State, either for the same offence or for different offences, the requested Party shall make its decision having regard to all the circumstances and especially the relative seriousness and place of commission of the offences, the respective dates of the requests, the nationality of the person claimed and the possibility of subsequent extradition to another State. ARTICLE 18 Surrender of the Person to be Extradited 1. The requested Party shall inform the requesting Party by the means mentioned in Article 12, paragraph 1 of its decision with regard to the extradition. 2. Reasons shall be given for any complete or partial rejection. 3. If the request is agreed to, the requesting Party shall be informed of the place and date of surrender and of the length of time for which the person claimed was detained with a view to surrender. 4. Subject to the provisions of paragraph 5 of this Article, if the person claimed has not been taken over on the appointed date, he may be released after the expiry of 15 days and shall in any case be released after the expiry of 30 days. The requested Party may refuse extradite him for the same offence. 5. If circumstances beyond its control prevent a party from surrendering or taking over the person to be extradited, it shall notify the other Party. The two Parties shall agree a new date for surrender and the provisions of paragraph 4 of this Article shall apply. ARTICLE 19 Postponed or Conditional Surrender 1. The requested Party may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he may be proceeded against by that Party or, if he has already been convicted, in order that he may serve his sentence in the territory of that Party for an offence other than that for which extradition is requested. 2. The requested Party may, instead of postponing surrender, temporarily surrender the person claimed to the requesting Party in accordance with conditions to be determined by mutual agreement between the Parties. ARTICLE 20 Handing over of Property 1. The requested Party shall, in so far as its law permits and at the request of the requesting Party, seize and hand over property:— ) which may be required as evidence or ) which has been acquired as a result of the offence and which, at the time of the arrest, is found in the possession of the person claimed or is discovered subsequently. 2. The property mentioned in paragraph 1 of this Article shall be handed over even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed. 3. When the said property is liable to seizure or confiscation in the territory of the requested party, the latter may, in connection with pending criminal proceedings, temporarily retain it or hand it over on condition that it is returned. 4. Any rights which the requested party or third parties may have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the requested party as soon as possible after the trial. ARTICLE 21 1. Transit through the territory of one of the Contracting Parties shall be granted on submission of a request by the means mentioned in Article 12, paragraph 1, provided that the offence concerned is not considered by the Party requested to grant transit as an offence of a political or purely military character having regard to Articles 3 and 4 of this Convention. 2. Transit of a national, within the meaning of Article 6, of a country requested to grant transit may be refused. 3. Subject to the provisions of paragraph 4 of this Article, it shall be necessary to produce the documents mentioned in Article 12, paragraph 2. 4. If air transport is used, the following provisions shall apply:— ) when it is not intended to land, the requesting Party shall notify the Party over whose territory the flight is to be made and shall certify that one of the documents mentioned in Article 12, paragraph 2 ( ) exists. In the case of an unscheduled landing, such notification shall have the effect of a request for provisional arrest as provided for in Article 16, and the requesting Party shall submit a formal request for transit; ) when it is intended to land, the requesting Party shall submit a formal request for transit. 5. A Party may, however, at the time of signature or of the deposit of its instrument of ratification of, or accession to, this Convention, declare that it will only grant transit of a person on some or all of the conditions on which it grants extradition. In that event, reciprocity may be applied. 6. The transit of the extradited person shall not be carried out through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race, religion, nationality or political opinion. ARTICLE 22 Except where this Convention otherwise provides, the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested Party. ARTICLE 23 Language to be Used The documents to be produced shall be in the language of the requesting or requested Party. The requested Party may require a translation into one of the official languages of the Council of Europe to be chosen by it. ARTICLE 24 1. Expenses incurred in the territory of the requested Party by reason of extradition shall be borne by that Party. 2. Expenses incurred by reason of transit through the territory of a Party requested to grant transit shall be borne by the requesting Party. 3. In the event of extradition from a non-metropolitan territory of the requested Party, the expenses occasioned by travel between that territory and the metropolitan territory of the requesting Party shall be borne by the latter. The same rule shall apply to expenses occasioned by travel between the non-metropolitan territory of the requested Party and its metropolitan territory. ARTICLE 25 Definition of "Detention Order" For the purposes of this Convention, the expression "detention order" means any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison sentence. ARTICLE 26 1. Any Contracting Party may, when signing this Convention or when depositing its instrument of ratification or accession, make a reservation in respect of any provision or provisions of the Convention. 2. Any Contracting Party which has made a reservation shall withdraw it as soon as circumstances permit. Such withdrawal shall be made by notification to the Secretary-General of the Council of Europe. 3. A Contracting Party which has made a reservation in respect of a provision of the Convention may not claim application of the said provision by another Party save in so far as it has itself accepted the provision. ARTICLE 27 Territorial Application 1. This Convention shall apply to the metropolitan territories of the Contracting Parties. 2. In respect of France, it shall also apply to Algeria and to the overseas Departments and, in respect of the United Kingdom of Great Britain and Northern Ireland, to the Channel Islands and to the Isle of Man. 3. The Federal Republic of Germany may extend the application of the Convention to the Land of Berlin by notice addressed to the Secretary-General of the Council of Europe, who shall notify the other Parties of such declaration. 4. By direct arrangement between two or more Contracting Parties, the application of this Convention may be extended, subject to the conditions laid down in the arrangement, to any territory of such Parties, other than the territories mentioned in paragraphs 1, 2 and 3 of this Article, for whose international relations any such Party is responsible. ARTICLE 28 Relations between this Convention and Bilateral Agreements 1. This Convention shall, in respect of those countries to which it applies, supersede the provisions of any bilateral treaties, conventions or agreements governing extradition between any two Contracting Parties. 2. The Contracting Parties may conclude between themselves bilateral or multilateral agreements only in order to supplement the provisions of this Convention or to facilitate the application of the principles contained therein. 3. Where, as between two or more Contracting Parties, extradition takes place on the basis of a uniform law, the Parties shall be free to regulate their mutual relations in respect of extradition exclusively in accordance with such a system notwithstanding the provisions of this Convention. The same principle shall apply as between two or more Contracting Parties each of which has in force a law providing for the execution in its territory of warrants of arrest issued in the territory of the other Party or Parties. Contracting Parties which exclude or may in the future exclude the application of this Convention as between themselves in accordance with this paragraph shall notify the Secretary-General of the Council of Europe accordingly. The Secretary-General shall inform the other Contracting Parties of any notification received in accordance with this paragraph. ARTICLE 29 Signature, Ratification and Entry into Force 1. This Convention shall be open to signature by the members of the Council of Europe. It shall be ratified. The instruments of ratification shall be deposited with the Secretary-General of the Council. 2. The Convention shall come into force 90 days after the date of deposit of the third instrument of ratification. 3. As regards any signatory ratifying subsequently the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification. ARTICLE 30 1. The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention, provided that the resolution containing such invitation receives the unanimous agreement of the Members of the Council who have ratified the Convention. 2. Accession shall be by deposit with the Secretary-General of the Council of an instrument of accession, which shall take effect 90 days after the date of its deposit. ARTICLE 31 Any Contracting Party may denounce this Convention in so far as it is concerned by giving notice to the Secretary-General of the Council of Europe. Denunciation shall take effect six months after the date when the Secretary-General of the Council received such notification. ARTICLE 32 The Secretary-General of the Council of Europe shall the Members of the Council and the Government of any State which has acceded to this Convention of:— ) the deposit of any instrument of ratification or accession; ) the date of entry into force of this Convention; ) any declaration made in accordance with the provisions of Article 6, paragraph 1, and of Article 21, paragraph 5; ) any reservation made in accordance with Article 26, paragraph 1; ) the withdrawal of any reservation in accordance with Article 26, paragraph 2; ) any notification of denunciation received in accordance with the provisions of Article 31 and by the date on which such denunciation will take effect. In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. 2. Reservations and declarations contained in the instrument of ratification deposited by France on 10 February, 1986. Article 1 "Extradition shall not be granted if the person sought would be tried in the requesting State by a tribunal which does not assure the fundamental procedural guarantees and protection of the rights of the defence or by a tribunal created for that person's particular case or if extradition is requested for the enforcement of a sentence or detention order imposed by such a tribunal". "Extradition may be refused if surrender is likely to have consequences of an exceptional gravity for the person sought, particularly by reason of his age or state of health". Article 2, paragraph 1 "Concerning persons prosecuted, extradition shall only be granted in respect of offences which, under French law under the law of the requesting State, are punishable by deprivation of liberty or by a detention order for a maximum period of at least two years". "With regard to punishments which are more severe than deprivation of liberty or detention orders, extradition may be refused if these punishments or detention orders are not provided for in the scale of punishments applicable in France". Article 3, paragraph 3 "France reserves the right, in the light of the individual circumstances of each case, to appreciate if the taking or attempted taking of the life of a Head of State or a member of his family is to be deemed or not a political offence". Article 5 "France declares that for offences in connection with taxes, duties, customs and exchange, extradition shall be granted to the requesting State if it has been so decided by a simple exchange of letters in each category of case". Article 6 "Extradition shall be refused when the person sought had French nationality at the time of the alleged offence". Article 14, paragraph 3 Article 16, paragraph 2 Article 21 "France reserves the right not to grant transit except on the same conditions as those on which it grants extradition". Article 23 "France declares that it will request a translation of the requests for extradition and documents annexed thereto into one of the official languages of the Council of Europe and that it chooses French". Article 27, paragraphs 1 and 2 "The Government of the French Republic declares that, with respect to France, the Convention applies to the European and overseas department of the Republic". PART II. CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT THE STATES PARTIES TO THIS CONVENTION HAVE AGREED AS FOLLOWS:— ARTICLE 1 Any person who on board an aircraft in flight:— ) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or ) is an accomplice of a person who performs or attempts to perform any such act commits an offence (hereinafter referred to as "the offence"). ARTICLE 2 Each Contracting State undertakes to make the offence punishable by severe penalties. ARTICLE 3 1. For the purposes of this Convention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board. 2. This Convention shall not apply to aircraft used in military, customs or police services. 3. This Convention shall apply only if the place of take-off or the place of actual landing of the aircraft on board which the offence is committed is situated outside the territory of the State of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight. 4. In the cases mentioned in Article 5, this Convention shall not apply if the place of take-off and the place of actual landing of the aircraft on board which the offence is committed are situated within the territory of the same State where that State is one of those referred to in that Article. 5. Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 8 and 10 shall apply whatever the place of take-off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the territory of a State other than the State of registration of that aircraft. ARTICLE 4 1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offence and any other act of violence against passengers or crew committed by the alleged offender in connection with the offence, in the following cases:— ) when the offence is committed on board an aircraft registered in that State; ) when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board; ) when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State. 2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article. 3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law. ARTICLE 5 The Contracting States which establish joint air transport operating organisations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organisation which shall communicate the notice to all States Parties to this Convention. ARTICLE 6 1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted. 3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national. 4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the State of registration of the aircraft, the State mentioned in Article 4, paragraph 1 ( ), the State of nationality of the detained person and, if it considers it advisable, any other interested States of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry comtemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction. ARTICLE 7 The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. ARTICLE 8 1. The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between Contracting States. Contracting States undertake to include the offence as an extraditable offence in every extradition treaty to be concluded between them. 2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested State. 3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognise the offence as an extraditable offence between themselves subject to the conditions provided by the law of the requested State. 4. The offence shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 4, paragraph 1. ARTICLE 9 ) has occurred or is about to occur, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft. 2. In the cases contemplated by the preceeding paragraph, any Contracting State in which the aircraft or its passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession. ARTICLE 10 2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters. ARTICLE 11 Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organisation as promptly as possible any relevant information in its possession concerning:— ) the circumstances of the offence; ) the action taken pursuant to Article 9; ) the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings. ARTICLE 12 1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. 2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation. 3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments. ARTICLE 13 1. This Convention shall be open for signature at The Hague on 16 December, 1970, by States participating in the International Conference on Air Law held at The Hague from 1 to 16 December, 1970 (hereinafter referred to as The Hague Conference). After 31 December, 1970, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time. 2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments. 3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in The Hague Conference. 4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later. 5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices. 6. As soon as this Convention comes into force, it shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944). ARTICLE 14 1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments. 2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their Governments, have signed this Convention. PART III THE STATES PARTIES TO THIS CONVENTION HAVE AGREED AS FOLLOWS:— ARTICLE 1 1. Any person commits an offence if he unlawfully and intentionally:— ) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or ) destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or ) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or ) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight. 2. Any person also commits an offence if he:— ) attempts to commit any of the offences mentioned in paragraph 1 of this Article; of ) is an accomplice of a person who commits or attempts to commit any such offence. ARTICLE 2 For the purposes of this Convention:— ) an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board; ) an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph ( ) of this Article. ARTICLE 3 Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties. ARTICLE 4 1. This Convention shall not apply to aircraft used in military, customs or police services. 2. In the cases contemplated in subparagraphs ( ), ( ), ( ) and ( ) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether the aircraft is engaged in an international or domestic flight, only if:— ) the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or ) the offence is committed in the territory of a State other than the State of registration of the aircraft. 3. Notwithstanding paragraph 2 of this Article, in the cases contemplated in subparagraphs ( ), ( ), ( ) and ( ) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft. 4. With respect to the States mentioned in Article 9 and in the cases mentioned in subparagraphs ( ), ( ), ( ) and ( ) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph ( ) of paragraph 2 of this Article are situated within the territory of the same State where that State is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the territory of a State other than that State. 5. In the cases contemplated in subparagraph ( 6. The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases contemplated in paragraph 2 of Article 1. ARTICLE 5 1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases:— ) when the offence is committed in the territory of that State; ) when the offence is committed against or on board an aircraft registered in that State; ) when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board; ) when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State. 2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 ( ), ( ) and ( ), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article. 3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law. ARTICLE 6 1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted. 3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national. 4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the States mentioned in Article 5, paragraph 1, the State of nationality of the detained person and, if it considers it advisable, any other interested States of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction. ARTICLE 7 The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. ARTICLE 8. 1. The offences shall be deemed to be included as extraditable offences in any extradition treaty existing between Contracting States. Contracting States undertake to include the offences as extraditable offences in every extradition treaty to be concluded between them. 2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offences. Extradition shall be subject to the other conditions provided by the law of the requested State. 3.

Contracting States which do not make extradition conditional on the existence of a treaty shall recognise the offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State. 4. Each of the offences shall be treated, for the purpose of extradition between Contracting States, as if it has been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 5, paragraph 1 ( ), ( ) and ( ). ARTICLE 9 The Contracting States which establish joint air transport operating organisations or international operating agencies which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organisation which shall communicate the notice to all States Parties to this Convention. ARTICLE 10 1. Contracting States shall, in accordance with international and national law, endeavor to take all practicable measures for the purpose of preventing the offences mentioned in Article 1. 2. When, due to the commission of one of the offences mentioned in Article 1, a flight has been delayed or interrupted, any Contracting State in whose territory the aircraft or passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession. ARTICLE 11 1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences. The law of the State requested shall apply in all cases. 2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters. ARTICLE 12 Any Contracting State having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with it national law, furnish any relevant information in its possession to those States which it believes would be the States mentioned in Article 5, paragraph 1. ARTICLE 13 Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organisation as promptly as possible any relevant information in its possession concerning:— ) the circumstances of the offence; ) the action taken pursuant to Article 10, paragraph 2; ) the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings. ARTICLE 14* *Declaration by France under paragraph 2 of Article 14 of the Convention to the effect that France does not consider itself bound by paragraph 1 of that Article. 1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. 2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation. 3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depository Governments. ARTICLE 15 1. This Convention shall be open for signature at Montreal on 23 September 1971, by States participating in the International Conference on Air Law held at Montreal from 8 to 23 September 1971 (hereinafter referred to as the Montreal Conference). After 10 October 1971, the Convention shall be open to all states for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time. 2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments. 3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in the Montreal Conference. 4. For other States, this Convention on shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later. 5. The Depository Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices. 6. As soon as this Convention comes into force, it shall be registered by the Depository Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944). ARTICLE 16 1. Any Contracting State may denounce this Convention by written notification to the Depository Governments. 2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their Governments, have signed this Convention. GIVEN under the Official Seal of the Government, this 22nd day of May, 1986. GARRET FITZGERALD, EXPLANATORY NOTE.